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Bill to create licensing path for online cigar and pipe-tobacco sellers clears committee hearing

2844037 ยท April 2, 2025
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Summary

Assembly Bill 471 would create a "remote retail seller" license so online retailers of premium cigars and pipe tobacco can remit Nevada excise tax and comply with age-verification and economic thresholds; sponsor and industry representatives said the change brings parity between brick-and-mortar and remote sellers and resolves technical

CARSON CITY โ€” Assemblymember Brian Hibbets and outside counsel for premium-cigar industry groups outlined Assembly Bill 471 to the Assembly Committee on Revenue, a measure that adds a licensing and tax-compliance pathway for remote online sellers of cigars and pipe tobacco.

Hibbets said the bill addresses a technical gap that emerged after Wayfair-era sales-tax changes and differing state excise-tax regimes. "What this bill does is reclassify them as retailers, a remote retail seller and gives them a pathway to pay the tax that they should have been paying this entire time," Hibbets said, adding that the change was requested by online sellers themselves.

The draft creates a distinct remote-retail-seller license, ties compliance to economic thresholds used for sales-tax nexus, requires registration for sales tax when thresholds are met and mandates age-verification and audit authorities for the Department of Taxation. The sponsor said the proposed effective date is Jan. 1, 2026, to align with the annual retail licensing cycle.

Beth Oliva, outside counsel representing the Cigar Association of America and the Premium Cigar Coalition, told the committee the legislation follows a model uniform approach adopted by the Federation of Tax Administrators and has been enacted in several states. She said the bill keeps Nevada's current excise tax rate in place but uses an "actual acquisition cost" audit basis for online transactions โ€” a practical approach, she said, for artisanal cigar pricing that fluctuates seasonally and by lot.

Supporters argued the measure brings parity between in-state brick-and-mortar retailers and remote sellers, reduces incentives for cross-border buying and creates a predictable compliance regime. Tom Clark of the Reno-Sparks Chamber of Commerce testified in support.

No opposition or neutral testimony was offered at the hearing and no vote was recorded; the sponsor said technical amendments agreed with the Department of Taxation would be included, and the committee closed the item for the evening.

The proposed changes focus narrowly on premium cigars and pipe tobacco and do not alter federal restrictions that govern Internet sales of cigarettes and vaping products under the PACT Act.